Chew's v. Mathers' Administrator
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Columbia county. This was a scire facias to revive a judgment, to which the . defendant plead payment, with leave to give the special matter in evidence.
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Error to the Court of Common Pleas of Columbia county. This was a scire facias to revive a judgment, to which the . defendant plead payment, with leave to give the special matter in evidence. The defendant, to support the issue on his part, proved that the consideration of the original judgment bond, was a tract of land, sold by ,the executors of Benjamin Chew, deceased, to the defendant, in 1818, by articles of agreement, by which it was stipulated that Mathers was not to get a deed for the land until the purchase money was paid; that in 1821, aJi.fa. was issued upon that judgment, which was…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
In England, a legal estate cannot be sold, nor an equitable one levied, on an execution; so that the rights which spring from judicial sales of equitable estates here, are necessarily peculiar to ourselves. In Purviance v. Lemon, 16 Serg. & Rawle, 292, the nature of these rights was considered as between the original vendor and vendee, and a principle established, which covers the ground of the present controversy — that a destruction of the relation of trustee and cestui que trust, by re-uniting the equitable to the legal estate, is…
2Cases cited1 opinion
- Purviance v. LemmonSupreme Court of Pennsylvania · 1827